Kerala High Court
Rajesh Vijayakumar vs Canara Bank on 30 September, 2024
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
WP(C) NO. 34048 OF 2024
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2024:KER:72561
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
MONDAY, THE 30TH DAY OF SEPTEMBER 2024 / 8TH ASWINA, 1946
WP(C) NO. 34048 OF 2024
PETITIONER:
RAJESH VIJAYAKUMAR
AGED 53 YEARS
S/O VIJAYAKUMAR T.P., RESIDING AT MELEMANNIL HOUSE,
KANJEETTUKARA P.O., AYROOR, PATHANAMTHITTA, PIN -
689611
BY ADVS.
C.V.MANUVILSAN
NAEEM IBRAHIM
P.HARI HARAN NAIR
O.A.ANJU
HARKISHAN K.P.
SURABHI R.
RESPONDENTS:
1 CANARA BANK
HEAD OFFICE, BUILDING NO: 112, J C ROAD, BENGALURU,
REPRESENTED BY ITS MANAGING DIRECTOR & CEO, PIN -
560002
2 M/S E-PROCUREMENT TECHNOLOGIES LIMITED (AUCTION TIGER)
B-704, WALL STREET – II, OPP. ORIENT CLUB, NR.
GUJARAT COLLEGE, ELLIS BRIDGE, AHMEDABAD, REPRESENTED
BY ITS SERVICE PROVIDER MR. PRAVEENKUMAR THEVAR, PIN -
380006
3 THE BRANCH MANAGER
CANARA BANK, KOZHENCHERRY, KOIKAPARAMBIL COMPLEX,
WP(C) NO. 34048 OF 2024
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DISTRICT HOSPITAL ROAD, KOZHENCHERRY, PATHANAMTHITTA,
PIN - 689641
4 RESERVE BANK OF INDIA
REPRESENTED BY ITS CGM IN CHARGE AND SECRETARY,
SECRETARY'S DEPARTMENT, 16TH FLOOR, CENTRAL OFFICE
BUILDING, SHAHID BHAGAT SINGH MARG, MUMBAI, PIN -
400001
SRI.M. GOPIKRISHNAN NAMBIAR-SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 34048 OF 2024
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JUDGMENT
The present Writ Petition has been filed for the following prayers:
" i. Issue a writ of certiorari or any other appropriate writ or order, quashing the E-Auction sale notice (Exhibit P1) issued by the 3rd Respondent Bank.
ii. Declare that the actions of the Respondent Bank in initiating auction proceedings without adhering to mandatory procedures under the SARFAESI Act and the Security Interest (Enforcement) Rules are arbitrary and illegal. iii. Direct the Respondent Bank to permit the Petitioner to regularize his loan account by paying the outstanding amount in installments.
iv. Grant such other reliefs as this Hon'ble Court may deem fit and proper in the interest of justice. "
2. The prayers made in the Writ Petition cannot be entertained in exercise of the writ jurisdiction under Article 226 of the Constitution of India. The petitioner has statutory remedy under the provisions of the SARFAESI Acts and Rules made thereunder. The petitioner should approach the Tribunal for the grievance if any against the proceedings initiated by the respondent Bank under the provisions of the SARFAESI Acts and Rules made thereunder.
3. The sale of the property was scheduled on 30.09.2024. However, Smt.Akhila Nambiar, learned counsel for the respondent Bank submits that there are no bidders in the sale.
WP(C) NO. 34048 OF 2024 4 2024:KER:72561
4. In view thereof, the petitioner should approach the Competent Forum against his grievance if any in respect of the proceedings undertaken by the respondent Bank to realize its outstanding dues.
With the above observation, the present Writ Petition is closed.
Sd/-DINESH KUMAR SINGH JUDGE lsn WP(C) NO. 34048 OF 2024 5 2024:KER:72561 APPENDIX OF WP(C) 34048/2024 PETITIONER EXHIBITS Exhibit P1 A TRUE PHOTOCOPY OF THE NOTICE DATED 23.08.2024 ISSUED BY THE RESPONDENT/BANK TO THE PETITIONER FOR COMMUNICATING THE AUCTION SALE OF THE PROPERTY OF THE PETITIONER Exhibit P2 A TRUE PHOTOCOPY OF THE POSTAL COVER BY WHICH THE RESPONDENT/BANK ISSUED EXHIBIT P1 NOTICE OF AUCTION SALE